Opinion
June 21, 1938.
Appeal from the City Court of the City of New York, County of Bronx.
Irving L. Levinson [ Harold Davis of counsel], for the appellants.
Walter J. Hampton, Jr. [ Victor D. Borst, Jr., of counsel], for the respondent.
The finding of the trial judge that the accident occurred as a result of the negligence of the defendants is not sustained by the proofs.
Judgment reversed, with costs, and complaint dismissed, with costs.
FRANKENTHALER and SHIENTAG, JJ., concur; NOONAN, J., dissents.
I dissent and vote for a modification reducing the recovery to $2,000.